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Terms of Service
This is a legally binding contract between you and Fitness Games Zone. Please make sure you read it, because it is important. We’ve tried to make it as clear as possible, but we welcome your feedback to dale@energetic.education if you have suggestions or questions.
1. Definitions
We’re going to use some shorthand to make this easier to read. When we say “site,” we mean fitnessgameszone.com and the services offered through that site (including fitnessgameszone.com and learningwith.games). When we say “we,” “us,” or “our,” we mean Sidebottom Corp Pty Ltd (“Fitness Games Zone”). When we say “your content,” we mean any text, sound, graphics or other material which you post, upload, or otherwise share on the site; similarly, when we say “Editorially content,” we mean the copyrightable text, sound, graphics, and other material owned by Editorially, Inc. And when we say “terms,” we mean these terms of service.
2. Accepting these terms
Please read these terms before using the site. If you do not agree to these terms, you may not register for the site. If we make material changes to these terms, we’ll let you know either through the site or via email (at the email address you provide). If you do not agree to those changes, you may send a request to cancel your account to dale@energetic.education. If we do not hear from you within ten days, the revised terms will apply to you.
3. Privacy policy
This Terms of Service should be read with the Fitness Games Zone Privacy Policy (which can be found at the bottom of our website. By agreeing to these terms you are also agreeing to our privacy policy when you purchase a membership.
4. Permitted users
Fitness Games Zone is designed for use by adults. You must be thirteen years of age or older to use it. If we learn that we have collected personal information from a child under the age of thirteen, we will delete that information as quickly as possible. If you believe that we might have any information from a child under the age of thirteen, please contact us at dale@energetic.education. When you use the site, you represent and warrant that you have the legal capacity to form a binding contract with us, and are doing so by your agreement to these terms.
5. Use of content in physical exercise
All games on fitnessgameszone.com, learningwith.games and it’s Services are to be scaled or modified to the abilities and limitations of your clients, restrictions and constraints of the location, climate and environmental conditions.
Group, Personal trainers, teachers and coaches who decide to use these programs accept all risks to themselves and their clients and waiver any liability from Fitness Games Zone.
6. Copyright and intellectual property
We own our stuff; you own yours.
You retain ownership of all content you post, upload to, or otherwise share on the site. However, by posting, uploading, or sharing your content, you grant us a non-exclusive, sub-licensable, royalty-free, worldwide license to access, use, and display your content in connection with the site and services we provide to you. This license permits us to perform the services that you registered for; for example, it permits us to store your content on redundant data servers, but it does not permit us to sell your content to advertisers or display your content other than to those you have authorized to view it, nor does it transfer the copyright to us. This license ends when you delete the material or your account.
In addition, the site provides features that allow you to share your content with others. There are many things that others may do with that content, including copying it, modifying it, and re-sharing it. So, please consider carefully what you choose to share and with whom; we take no responsibility for that activity.
When you delete your account, any comments or content that you contributed to someone else’s documents will remain on the site, and will not be deleted.
All Fitness Games Zone content, the selection, compilation, arrangement and presentation of all materials, and the overall design of the site are copyrighted by us, and are protected by US and international laws. Use of our content without our express prior written permission is strictly prohibited.
Our trademarks may not be used in connection with any product or service without our express written permission.
7. Fitness Games Zone Rules
Fitness Games Zone is designed to help trainers, teachers and coaches create better sessions. As such, we have some ground rules which you must adhere to when using the site. You agree not to do any of the following:
• Threaten other users with violence.
• Use hateful, abusive, harassing, libelous, or obscene language towards other users.
• Post any material that infringes or violates any third party’s copyright, trademark, trade secret, privacy, or other proprietary or property right;
• Post any material which promotes illegal activity, could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation;
• Use the site to send spam, chain letters, junk mail, or any other type of unsolicited mass email;
• Use the site to distribute viruses or other harmful, disruptive, or destructive files;
• Use or attempt to use another person’s account;
• Disrupt or interfere with the security of, or otherwise abuse, the site, or any servers or networks connected to the site;
• Attempt to obtain unauthorized access to the site;
• Impersonate another person;
• Share with any minor any content or materials inappropriate for children, or allow any minor access to such materials;
• Systematically harvest data from the site, or programmatically register accounts on the site.
You further agree that you are responsible for your actions in relation to the site, and for any communications transmitted under your account; that you will comply with all laws relating to the transmission of technical data or software exported from the Australia; and that you will comply with all applicable local, state, national and international laws and regulations, including without limitation those related to privacy, data collection, and email creation and delivery.
If it appears you have violated any of these rules, we may, in our sole discretion, remove any offending material or immediately limit or terminate your account.
8. Cancelling your account
You can cancel your account at any time by sending an email to dale@energetic.education If you like, you may export your documents prior to cancelling your account. Upon cancelling your account, your files will be marked for deletion in sixty days, and will be deleted upon expiration of that sixty-day period.
9. Disclaimer of warranties
We will strive to prevent interruptions to the service and be good stewards of your data. However, the site and our services are provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not make any warranty that the site or our services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. You understand that you download from or otherwise obtain content or services through the site at your own discretion and risk.
10. Limitations of liability
Under no circumstances — including, without limitation, negligence — shall we be liable for any direct, indirect, incidental, special or consequential damages, resulting from (1) the use or the inability to use the site; (2) the cost of procurement of substitute goods and services; (3) unauthorized access to or alteration of your transmissions or data; (4) loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages. The foregoing shall not apply to the extent prohibited by applicable law.
Though we make a reasonable effort to maintain the resources of this website, they will, from time to time, become out of date, be incorrect, erroneous, or otherwise inappropriate. As noted above, by using this website you agree that you will not follow any instruction, suggestion, step, list, tutorial, or other content on this website or any of its content posted elsewhere until you have appropriately consulted with a licensed professional who is unrelated to this site or its parent company in any way.
11. Indemnification
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the site, including but not limited to your violation of this agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
12. Right to terminate
We may at any time decide to alter, amend, modify, or terminate the site, any functionality or portion of it, all in our sole discretion, and you understand that there is no guarantee that the site or any portion or functionality of it will continue to operate or be available for any particular period of time.
13. General
These terms shall be governed by and construed in accordance with the laws of Australia, without giving effect to its conflict of law provisions. You agree that you will bring any claim or cause of action arising out of your use of the site in the courts located within Australia, and you also agree to submit to the personal and exclusive jurisdiction of those courts. You agree that any claim or cause of action arising out of your use of the site or these terms must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. If any provision contained in these terms is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these terms will remain in full force and effect. No waiver of any provision of these terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms and/or your use of the site. You may not assign any right, interest, or benefit provided under these terms or through the site without our express prior written consent. These terms set forth the entire agreement between you and us, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to the site and our services. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and/or your use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms were derived from editorially’s, which is available under a Creative Commons Sharealike license. You in turn are therefore allowed to copy it, adapt it, and repurpose it for your own use as permitted under the terms of that license. Just make sure to revise the language so that your policy reflects your actual practices.
Fitness Games Zone Policy
Who We Are and What This Policy Covers
As fellow internet users we have always strived to be deliberate and caring with any data we may collect on our users and visitors.
We are the people behind a variety of resources for group fitness instructors from all around the world. Our mission is to raise the bar on what fitness can be for the everyday person by empowering trainers, teachers and coaches through inspiration and education.
This Privacy Policy describes the policies and procedures of Sidebottom Corp Pty Ltd (“we”, “our” or “us”) use and disclosure of your information when you use:
Throughout this Privacy Policy we’ll refer to our website and other products and services collectively as “Services.”
Below we explain how we collect, use, and share information about you, along with the choices that you have with respect to that information.
Information We Collect
We only collect information about you if we have a reason to do so–for example, to provide our Services, to communicate with you, or to make our Services better.
We collect information in three ways: if and when you provide information to us, automatically through operating our Services, and from outside sources. Let’s go over the information that we collect.
Information You Provide to Us
It’s probably no surprise that we collect information that you provide to us. The amount and type of information depends on the context and how we use the information. Here are some examples:
Information We Collect Automatically
We also collect some information automatically:
We may also get information about you from other sources. The information we receive depends on which services you authorize and any options that are available.
We may also get information, such as a mailing address, from third party services about individuals who are not yet our users (…but we hope will be!), which we may use, for example, for marketing and advertising purposes like postcards and other mailers advertising our services.
How And Why We Use Information
Purposes for Using Information
We use information about you as mentioned above and for the purposes listed below:
• To monitor and prevent any problems with our Services, protect the security of our Services, detect and prevent fraudulent transactions and other illegal activities, fight spam, and protect the rights and property of Fitness Games Zone and others, which may result in us declining a transaction or the use of our Services;
• To communicate with you, for example through an email, about offers and promotions offered by Fitness Games Zone and others we think will be of interest to you, solicit your feedback, or keep you up to date on Fitness Games Zone and our products; and
• To personalize your experience using our Services, provide content recommendations, target our marketing messages to groups of our users (for example, those who have a particular plan with us or have been our user for a certain length of time), and serve relevant advertisements.
Legal Bases for Collecting and Using Information
A note here for those in the European Union about our legal grounds for processing information about you under EU data protection laws, which is that our use of your information is based on the grounds that:
(1) The use is necessary in order to fulfill our commitments to you under our Terms of Service or other agreements with you or is necessary to administer your account–for example, in order to enable access to our website on your device or charge you for a paid plan; or
(2) The use is necessary for compliance with a legal obligation; or
(3) The use is necessary in order to protect your vital interests or those of another person; or
(4) We have a legitimate interest in using your information–for example, to provide and update our Services, to improve our Services so that we can offer you an even better user experience, to safeguard our Services, to communicate with you, to measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition, to monitor and prevent any problems with our Services, and to personalize your experience; or
(5) You have given us your consent–for example before we place certain cookies on your device and access and analyze them later on.
Sharing Information
How We Share Information
We do not sell our users’ private personal information. Ever. Period.
We share information about you in the limited circumstances spelled out below and with appropriate safeguards on your privacy:
•Subsidiaries, Employees, and Independent Contractors: We may disclose information about you to our subsidiaries, our employees, and individuals who are our independent contractors that need to know the information in order to help us provide our Services or to process the information on our behalf. We require our subsidiaries, employees, and independent contractors to follow this Privacy Policy for personal information that we share with them.
•Third Party Vendors: We may share information about you with third party vendors who need to know information about you in order to provide their services to us, or to provide their services to you or your site. This group includes vendors that help us provide our Services to you (like payment providers that process your credit and debit card information, fraud prevention services that allow us to analyze fraudulent payment transactions, postal and email delivery services that help us stay in touch with you, customer chat and email support services that help us communicate with you), those that assist us with our marketing efforts (e.g. by providing tools for identifying a specific marketing target group or improving our marketing campaigns), and those that help us understand and enhance our Services (like analytics providers).
•Legal Requests: We may disclose information about you in response to a subpoena, court order, or other governmental request.
•To Protect Rights, Property, and Others: We may disclose information about you when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of Fitness Games Zone, third parties, or the public at large. For example, if we have a good faith belief that there is an imminent danger of death or serious physical injury, we may disclose information related to the emergency without delay.
•Business Transfers: In connection with any merger, sale of company assets, or acquisition of all or a portion of our business by another company, or in the unlikely event that Automattic goes out of business or enters bankruptcy, user information would likely be one of the assets that is transferred or acquired by a third party. If any of these events were to happen, this Privacy Policy would continue to apply to your information and the party receiving your information may continue to use your information, but only consistent with this Privacy Policy.
•With Your Consent: We may share and disclose information with your consent or at your direction. For example, we may share your information with third parties with which you authorize us to do so.
•Aggregated or De-Identified Information: We may share information that has been aggregated or reasonably de-identified, so that the information could not reasonably be used to identify you. For instance, we may publish aggregate statistics about the use of our Services and we may share a hashed version of your email address to facilitate customized ad campaigns on other platforms.
•Published Support Requests: And if you send us a request (for example, via a support email or one of our feedback mechanisms), we reserve the right to publish that request in order to help us clarify or respond to your request or to help us support other users.
Information Shared Publicly
Information that you choose to make public is–you guessed it–disclosed publicly. Public information may also be indexed by search engines or used by third parties. Please keep all of this in mind when deciding what you would like to share.
How Long We Keep Information
We generally discard information about you when we no longer need the information for the purposes for which we collect and use it–which are described in the section above on How and Why We Use Information–and we are not legally required to continue to keep it.
Security
While no online service is 100% secure, we work very hard to protect information about you against unauthorized access, use, alteration, or destruction, and take reasonable measures to do so, such as monitoring our Services for potential vulnerabilities and attacks.
Choices
You have several choices available when it comes to information about you:
•Limit the Information that You Provide: If you have an account with us, you can choose not to provide the optional account information, profile information, and transaction and billing information. Please keep in mind that if you do not provide this information, certain features of our Services–for example, paid, premium themes–may not be accessible.
• Opt-Out of Electronic Communications: You may opt out of receiving promotional messages from us. Just follow the instructions in those messages. If you opt out of promotional messages, we may still send you other messages, like those about your account and legal notices.
• Set Your Browser to Reject Cookies: You can usually choose to set your browser to remove or reject browser cookies before using Fitness Games Zone websites, with the drawback that certain features of Fitness Games Zone websites may not function properly without the aid of cookies.
• Close Your Account: While we’d be very sad to see you go, if you no longer want to use our Services, you can close your account. Please keep in mind that we may continue to retain your information after closing your account, as described in How Long We Keep Information above. If you like, you can ask us to delete your data immediately when you close your account.
Your Rights – to access, delete or receive a copy
If you are located in certain countries, including those that fall under the scope of the European General Data Protection Regulation (AKA the “GDPR”), data protection laws give you rights with respect to your personal data, subject to any exemptions provided by the law, including the rights to:
• Request access to your personal data;
• Request correction or deletion of your personal data;
• Object to our use and processing of your personal data;
• Request that we limit our use and processing of your personal data; and
• Request portability of your personal data.
If you would like to manage, change, limit, or delete your personal information, you can do so via your Fitness Games Zone account settings or for things like email newsletters, by contacting us. Upon request, Fitness Games Zone will provide you with information about whether we hold any of your personal information. By visiting your account settings, you can access, correct, change, and delete certain personal information associated with your account. In certain cases, where we process your information, you may also have a right to restrict or limit the ways in which we use your personal information. In certain circumstances, you also have the right to request the deletion of your personal information, and to obtain a copy of your personal information in an easily accessible format.
If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons.
EU individuals also have the right to make a complaint to a government supervisory authority.
How to Reach Us
If you have a question about this Privacy Policy, or you would like to contact us about any of the rights mentioned in the Your Rights section above, please contact us. Or email Dale directly on dale@energetic.education
Other Things You Should Know (Keep Reading!)
Transferring Information
Because Fitness Games Zone Services are offered worldwide and are based in Australia, the information about you that we process when you use the Services in the EU may be used, stored, and/or accessed by individuals operating outside the European Economic Area (EEA) who work for us, other members of our group of companies, or third party data processors. By accessing or using the Services or otherwise providing information to us, you consent to the processing, transfer, and storage of information in and to the U.S. and other countries, which may have rights and protections that are different from those in your home country.
Privacy Policy Changes
Although most changes are likely to be minor, Fitness Games Zone may change its Privacy Policy from time to time. Fitness Games Zone encourages visitors to frequently check this page for any changes to its Privacy Policy. If we make changes, we will notify you by revising the change log below, and, in some cases, we may provide additional notice (such as adding a statement to our homepage, or sending you a notification through email). Your further use of the Services after a change to our Privacy Policy will be subject to the updated policy.
Change Log:
• May 25th, 2018: Overhauled for new GDPR laws
Get in touch with us if you have any queries and we will get back to you as soon as possible.